Fort Worth daily gazette. (Fort Worth, Tex.) 1882-1891, 1887-02-11
THE COMMISSION BILL.
The Commissioner Of the Texas Traffic
Association Before the Committee
on Internal Improvement.
The Original Design of the Association to
Pool Earnings of Freight. but no Money
Has Ever Been Divided.
Austin Statesman.


terday afternoon before the committee OF
internal improvement in regard to the
railroad commission bill. There were
present at the meeting beside the com.
mittee and Major Waldo, Judge Terrell
A. Faulkner, L j. Kelly of Houston, and
three newspaper men, ell of whom took
great interest in the subject.
The GLOWING is the substance of Major
Waldo's statements in regard to the bill,
and it is safe to say that thsre are few
VINO have had the opportunities that he
has of studying this question and of form
ing an opinion in regard to it.
Ii framing laws of any nature il is our
duty first to know the standpoint from
which we legislste and the cause for such
legislation, as well as to have authority
for our action, aud guide to reach safe
results.
| suggest, and claim as well, that these
are points primary in their nature, to
which You should give due consideration
in framing your opinions into laws to
meet the necessities OF any case that you
may have before you.
In my opinion the constitution of the
state Of Texas does not authorize a COM
mission such a. suggested by the bill now
before you.
In making these assertions but voice
the expires Sious of the Executive of the
state recently elected, and direct from a
large majority of the people. Governor
Ross Is the peoples representative, and
the people through him have said, in no
doubEul phrases, that they do not want a
commission in charge of the railway
properties OF this state; moreover, the
position taken by the Governor in regard
to this feature of legislation is sustained
by some of the most eminent lawyers Of
the country, Judge Cooley among the
number, who have gwen their opinion
that q legislature cannot delegate the
power given to them by the constitution
to others, nor can they relieve themselves
Of the du les which that constitution i'm
poses upon them by transferring those
duties, through the executive, upon a COM
mission of any number of men, unless that
constitution is affirmative and specific
in its nature on inst subject. IN regard
TO the commission bill neither the cause
nor the authority referred to seem to eX-
ist. Please read Governor Ross mes
sage. There can be no doubt, no uncer-
talnty as to his meaning in regard % that
organization. The constitution of this
state is not negative; it is silent, but to
grant you authority to delegate your
power 10 others there must be affirmative
or specific requirements. Article 10, sec
lions l and of the constitution of the
state Of Texas, directs that the Legisla-
ture shall from time to time make maxi
mum rates of charges for the carriage of
freight and passengers, and that it shall
alsO enact laws to prevent unjust dis
elimination or unfair treatment of any ma
ture by railroads to the public. This, I
suggest, is as far as the Legislature
under the present constitution has the
right to &C.
1t has been said by members of this
Legislature, and probably by members OF
this committee, that the Georgia consti-
tuition permitted commission, and that
Texas has the same constitution as Geor-
gia-the former proposition is correct,
the latter is NOT. The constitution of the
state of Georgia was similar to that of
Texas, and did not specify or affirm that
the Legislature should pass their powers
into other hands. Several years ago, this
being discovered by Mr. Toombs and
others OF his party, an attempt was
made in the Legislature of that state to
sioners should be authorized, and
through the influence of Mr.. Toombs and
his followers the Legislature, by two
thirds vote, passed an act, calling on the
people to vote upon the constitutional
amendment directing commissions.
This was carried in a general election,
and thus the right TO have the commits
sion in the state of Georgia was estab-
lished. This right Texas has not.
Aside from the previous statements
that have made, we have had experience
in the result of the operation of g num-
Der OF commissions in other states. In
most of them these organizations have
been failures; at least their utility has
not been made apparent. The people
hsve not been satisfied, neither have the
railroads. Instead of allaying the trouble
between the shippers and the carriers
friction has ensued, and there is dissatis-
faction and want of harmony everywhere
prevails. Should not the experience thus
gained be in some measure a guide to
you in your legislation for this state?
In my opinion the producing elements
Of this state are, as a whole, satisfied
with the present conduct of railways.
Tney realize, and you must, too, that the
railways are living within the law of the
state. do not think any member of this
committee can present, or could have
presented in the past year and half or
two years, evidence of any act Cf viola
ton Of the laws Of the state. In what,
then, exists cause for this legislation !?
Are the people damaged in any way :?
Hsve the railroads made too much
money? Have any of the acts Of these
railroads been Illegal? These are ques-
tons you should rightly consider, and
carefully investigate before encumbering
the machinery of this state with an instI-
tuition that experience IN other states
has taught US may do much harm and no
good.
Arbitrary powers, no matter with whom
you invest them, ere dangerous.
In this commission bill you delegate
these powers to q commission in way
that makes it more powerful than the
legislative branch of the government.
You place it in dictatorisl position even
to the judiciary of the country. You dis
regard the rights of property and, in all
Difference to you, fear you are guided
too much by some local and illfounded
prejudice, to enact law the operation of
which, after short time, you will never
cease to regret.
There are laws in the statute books OF
to-day sufficient to keep railroads in line
if they were properly enforced. The
officers of the state and the county can do
very much under these laws to bring